A case was registered vide FIR No, 292 dated 5.9.2008 on written application of Muhammad Rafique under Sections 337-F(v)/337A(i)/337-L(ii)/148/149, P.P.C. at Police Station Saddar Chichawatni.
Cross version was set-up in the aforesaid case wherein it was alleged that Muhammad Asim- petitioner while armed with sota alongwith his co-accused Niaz, Afzal, Abid and Riaz launched it criminal assault. The petitioner seeks bail through the instant petition.
2. Learned counsel for the petitioner submitted that it was a case of cross-version. All of his co- accused and the accused of the FIR case were on bail. He was also e titled to bail in view of rule of consistency. Reliance was placed on the authorities reported in 1996 SCM R 1845, 1983 "SCMR 1001 and PLD 1995 Supreme Court 34.
3. Opposing the petition learned Deputy Prosecutor General submitted that injury attributed t the petitioner resulted in fracture of nasal bone. The petitioner and his co-accused were the aggressors. Sufficient material existed on record to make a case against the petitioner the punishment for which fell under prohibitory clause of Section 497, Cr.P.C. He, therefore, was not entitled to any concession.
4. Admittedly in the same occurrence, the petitioner himself along with Rashid & Shafique were caused injuries. There is nothing on the record that the injuries recorded in their medico legal certificates were fake. It shall be determined after recording of evidence that who amongst the parties initiated the aggression.
5. In view of the above, this is found to be a case of further inquiry. The petitioner, therefore, is allowed bail in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of the